Daily Republican., 1887-05-24
STILL ON TRIAL.

r ss,,mopy for the Defendant In the
C,ark- -Churchman .Case-Ciark D.
charged with Careiossncss About His
Banks
Court reconvened at 3 o'clock yester-
day afternoon, aud resumed the trial Of
the case Of Clark vs.. Ohurchman.
Henry L. Ohurohman, who was on
the stand when the noon recess WAS
taken, was recalled and crcss examined
by Mr.. Eields. He testified that in|
Nav. 1855, when he had the dredger NJ
work on his place, two OF the Messrs.
CLYDE called on him and offered to pay
ali tho expenses he had been 1t up to
that time n he would let the machine
20 cut In the Ohfistiann and work on
C,ark's bALk. The witness replied that
that would not protect his land from
the White Clay Greek. In answer to|
Mr.. E,elde he said there are over 300
acres In his farm, and that he would
take $50 an acre for 1t
William Beck testified that he is q
former and was born In LincOlnshire,'
England, bat came to this country In
l84S. He has had considerable expert.
eaos with marsh lands and banks. end
IL ofiloiSliy connected with the St.
Georges Marsh Company. His expert
ence hnd taught him that q return bank
which is kept dry will crack and d.
naliy cru 10 BILE down. II o bank is kept
wet il remains green and will not crack
or rumble, but II 1t 10 allowed to be.
come very dry, and the water then run
agsins. 1t, 1t will be washed away.
William 8. Lawrence testified that he
10 one OF the managers OF the st. Georges
Marsh Company and owns $50 acres OF
marsh land. He has lived In this
State about 8 years, and came here from
salem Counsy, New Jersey, where he
also had some experience In marsh
land. He considered return bank
safer aud better where the tide flowed
OH one aide, other wise 1t was liable to
ornek and crumble. The water would
tend TO keep tho bank Arm and com
psot.
f. B Cotton. upon being called for
the dstendaut, testified that when the
bank was put up for M :. Churchm an
he WAS vice president and general man
ager Of the dredging company. Expe-
rience had tau2ht him that Q dry bank
ID unsafe, and he thought u indispensi-
BILE that bank, to bs Hrm and strong,
should be kept wat. He has had an
experience OF over SO yeara In building
bankp, npa had worked at different
points on the Delaware river from Phil.
ade eiph,s 10 Oollips' Beach. The wit
nsoa insp"ctea the bank on Mr.. Ciark's q
place in the fall OF 1885, and found 1t
badly broken up between Pole Cst Hill
and Mr.. Churchman'S place. In many
places there were cuts where the bank
was cacr.ed away 10 o level Of the
meadow. In his opinion the bank was
practically worthless. rs IL was carried
away in twenty ye or thirty places; Ia
fact, there WAS but little of the original
bank standlAp, and what remained Of
1t was covered with briers and weeds.
rh9 witness could not form any idea OF
the valus OF the Clark farm.
Tao:las j. Hanna testified that he IL
q carpenter by trade, but tends the
bridge nt Newport. The property In
queption il about thIee- quarters OF q
mile frorl his residence, aud he knows
Of the Churchman farm. He built q
slulce ON the Clark farm about eighteen
years age, and nothing was done to 1t
until about year since. The witness
remembered the freshst in 1884, and
knew that Mr.. Olark's lands were over
lowed. He was on Clark's and Church.
mans farms In Sept, 1854, and found
the grass killed on both, The flood OF
1885 occurred February 10, and the wit
ness saw that the banks ON the Clark
farm were almost all carried away.
There Was one breech OF sixty or seventy
feet, besides q number OF smaller ones,
ana from what he saw there were more
breeches than bank. The bank that
was standing was almost covered with
briers aud elder bushes, which in the
opinion Of the witness are always an
lnjury to banks. The witness IL in the
hEbit OF going up the creek cunning
and fishing.
Henry L. Churchman, Jr., was sworn
and testified that he IL son of the de-
fendant. He is 25 years Of age and
lives with Ais father, and since he has
been of age has been bired on bis farm.
He remembered the freshet: his father
was not at homs at the time but re-
turned before the water ran Of the
land. H. was about four weeks hefore
tho water run off, aud 1t completely
spoiled the hay. They cut IL bur wero
Obliged 10 burn IL, rs 1t was OF no use;
they afterwards broke up the laud, NJ
The water had killed the :oots OF the
graas, aud gewed 1t in timothy. The
witnee3 spent about six weeks ia now
ing the Gtssa aud burning 10 to get the
ground In order for seeding.
This witness had not completed hie
Testimony at o'clock. when Court ad-
1outned until this morning.